A TEORIA DA ACTIO LIBERA IN CAUSA NO DIREITO PENAL BRASILEIRO: UMA ANÁLISE CRÍTICA QUANTO A SUA ADMISSIBILIDADE AOS CASOS DE EMBRIAGUEZ NÃO ACIDENTAL

Abstract

The present study focuses on the analysis of the theory of actio libera in causa as a way to justify the treatment given to criminal alcoholic by Brazilian penal legislation, more specifically on not accidental drunkenness, represented by the figures of voluntary and guilty drunkenness. That said, the central problem of the research consists in the fact that part of the doctrine does not accept this theoretical movement, as it would be a hypothesis of objective criminal responsibility, which consists of a state punishment without verification of intent or guilt, as well as culpability, hypothesis inevitably prohibited by the current rule of law. Thus, the present monograph will make use of criminal and legal medical teachings to understand the concept and history of the timeless problem of drunkenness and the theory cited, necessarily going through the current jurisprudential positions. In addition, solutions that will make the actio libera in question compatible with the presumption of innocence provided for in the 1988 Federal Constitution of Brazil (CFRB/1988), as well as with the other corollary principles of a criminal law of guilt. The constitutional adequacy cited will occur through interpretive mitigation regarding the extension of the theory's application to the aforementioned hypotheses of not accidental drunkenness.